(a) It shall be unlawful for any person, firm, or corporation to sell or offer for sale within the city limits of the City of Eudora, Kansas, any fireworks or articles that may be used in pyrotechnical displays. Provided, however, that this section shall not be construed to prohibit the sale of fireworks to the City of Eudora, Kansas, for the purpose of giving pyrotechnical displays.
(b) A permit is required to sell fireworks within the City limits of the City of Eudora, Kansas.
(c) Provided, that a corporation that has been organized and created as a “Not for Profit Corporation,” defined by the City of Eudora as having verifiable proof of 501(c)3 designation from the Internal Revenue Service, may sell fireworks within the City limits of the City of Eudora, Kansas, between the hours of 10:00 o’clock a.m. and 10:00 o’clock p.m. on the 1st and 2nd days of July; and between the hours of 10:00 o’clock a.m. and 11:00 o’clock p.m. on the 3rd and 4th day of July, each year; such sales to be restricted to City of Eudora Commercial Zoning Districts. Any “Not for Profit Corporation” to whom such approval shall be granted, shall comply with the permit requirements of the City of Eudora regarding location, insurance, safety considerations, tent structure, signs and other such conditions as the governing body may uniformly impose. However, in no event shall bottle rockets, as defined by K.S.A. 31-155, as amended, be sold within the City limits of the City of Eudora, Kansas.
(d) Any person, firm, or corporation found to be in violation of this section shall be subject to a fine punishable by a fine set by resolution of the governing body from time to time not to exceed $500.00.
(Ord. 751; Ord. 773; Ord. 795; Ord. 819; Ord. 835; Ord. 1009; Ord. 1033; Code 2016; Ord. 1080; Ord. 1117)
(a) It shall be unlawful for any person to discharge or fire off any fireworks of any kind within the city limits of the City of Eudora, Kansas. Provided, however, that nothing within this section shall be construed as prohibiting the governing body of the City of Eudora, Kansas, from giving pyrotechnical displays or from granting permission to responsible persons, firms, or corporations to give pyrotechnical displays in places to be designated by the governing body within the city limits of the City of Eudora, Kansas.
(b) Provided, also, that subsection (a) of this section shall not apply to the discharge of fireworks, as authorized under state law, on the 1st and 2nd days of July, each year, between the hours of 10:00 o’clock a.m. and 10:00 o’clock p.m., and on the 3rd and 4th day of July, each year, between the hours of 10:00 o’clock a.m. and 11:30 o’clock p.m.. However, it shall be unlawful for any person to discharge, fire off, or explode any bottle rocket, as defined at K.S.A. 31-155, within the city limits of the City of Eudora, Kansas, at any other time.
(c) It is unlawful for any person to discharge, fire off, or explode any fireworks of any kind on City owned property at any time, including parks, property surrounding municipal buildings, and vacant land owned by the City. Furthermore, the City of Eudora, Kansas adopts Chapter 22, Article 6, Section 9 of the State Fire Marshal regulations, that states:
(1) A person shall not ignite or discharge fireworks into, under, or from a car or vehicle, whether moving or standing still, or on a public roadway or the right-of-way adjoining a public roadway.
(2) Fireworks shall not be discharged within 100 feet of any "place of institution," as defined by national fire protection association standard no. 101, which is adopted by reference in K.A.R. 22-1-3, or any retail fireworks stand or facility where fireworks are stored. (Authorized by and implementing K.S.A. 2007 Supp. 31-133; effective Jan. 1, 1973; amended May 1, 1986; amended Dec. 29, 2008.)
(d) Failure to conform to these requirements shall be, upon conviction thereof, punishable by a fine of an amount set by resolution of the governing body from time to time.
(Ord. 751; Ord. 773; Ord. 795; Ord. 819; Ord. 835; Ord. 1033; Code 2016; Ord. 1117)